Please help. Is Full-time National Guard Duty considered Active Duty???

akbanone

PEB Forum Veteran
Registered Member
#21
I guess you can apply but it's a waste of time. It simply wont get approved until you provide proof that you have lost your military membership due to illness/injury/disease. Been there done that. There is a form that is normally filled out by the State Surgeon (on the Guard side) that states the medical jargon explaining the whys of the medical issues (OPM 3105a). OPM FERS employee handbook Chapter 46 details the dual status tech side of things and how the process works. My packet was submitted and I was advised that OPM will initially disapprove it (they did), your HRO rebuts it citing Chapter 46 (they did), and I was approved in less than 6 weeks. Was like a new speed record because it was taking anywhere from 6-9 months for approval/disapproval (guess they wanted me gone that bad).
 

danieldresen

PEB Forum Veteran
Registered Member
#22
Mine was actually approved... which is why it took so long at 13 months... would have been 18 but I called them right up, told them social security was denied and it was to be processed as public law NOT regular disability. The difference... can't get another federal job and get your retirement back again when you leave without going through the whole process again.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#23
I guess you can apply but it's a waste of time. It simply wont get approved until you provide proof that you have lost your military membership due to illness/injury/disease. Been there done that. There is a form that is normally filled out by the State Surgeon (on the Guard side) that states the medical jargon explaining the whys of the medical issues (OPM 3105a). OPM FERS employee handbook Chapter 46 details the dual status tech side of things and how the process works. My packet was submitted and I was advised that OPM will initially disapprove it (they did), your HRO rebuts it citing Chapter 46 (they did), and I was approved in less than 6 weeks. Was like a new speed record because it was taking anywhere from 6-9 months for approval/disapproval (guess they wanted me gone that bad).
Mine was actually approved... which is why it took so long at 13 months... would have been 18 but I called them right up, told them social security was denied and it was to be processed as public law NOT regular disability. The difference... can't get another federal job and get your retirement back again when you leave without going through the whole process again.
I don't doubt that either of you have had a hard time getting an OPM retirement approved. However, I have seen several clients get an approval of their OPM retirement without a lot of problems. A constant problem in trying to assess issues/cases is that there are "outliers" (i.e., erroneous bad decisions/processing of cases). I tend to see the "worst cases" outcomes. That is, if things go well and smoothly from start to finish, then folks are happy and have no reason to fight the outcome. Most folks come to me when things are going "sideways" and a bad outcome has already resulted or is forthcoming. However, folks should not assume that this means that the majority of cases are not positive in outcomes. I have seen a decent volume of good outcomes from OPM retirement applications.

As a baseline, one has to apply and work the system to get the benefit. If you don't apply and/or pursue the finding, you won't get it.
 

akbanone

PEB Forum Veteran
Registered Member
#24
Thanks for your input Jason, I know you are a super busy guy and your input/advice is always appreciated. The point I was emphasizing is OPM won't process a FERS disability retirement without a physicians statement as to why that Federal (in this case 32 USC 709 dual status as a tech) employee is unable to perform their job. I also welcome the discussion in this thread because I know that many fulltime Guardsman mobilized, subsequently injured and ultimately lost their military eligibility may not know about this entitlement. There are many State HROs that aren't very sympathetic to the cause.
 

Theone

Registered Member
#25
Sounds like you were on Title 32 orders for a week, I agree with Ed, that counts the same as Title 10 for IDES/MEB/PEB. So you should be processed for a Medical Evaluation Board, then if warranted a Physical Evaluation Board with a possible outcome of either Medical Separation or Medical Retirement.

Also, since you are technically still an M-Day drilling Soldier, if your LOD injury prevents you from being able to work either your Civilian employment or perform your Military Duties (being found medically Unfit in either or both) you should qualify for Incapacitation (INCAP) Pay while you're unable to work.

Unsure exactly how being a Tech affects INCAP if at all, but that's something to look for in the Regulations.

INCAP pay is covered under DA PAM 135-381 and AR 135-381. I was on it for approx. 18 months and it was a running gun battle with State and NGB the whole time, but it afforded me Full Time military pay, plus BAS and BAH. So it's well worth the hassle if you're unable to work.

PM me if you have any questions about it.

Hope this helps...
In my case, I sustained a severe spinal injury during a deployment for Iraq. Even though it was well documented, no LOD was done, and at demob I was summarily shown the door to fend for myself. Back at my home unit as an M-day Soldier and within a few months needed a couple major spinal surgeries, without an LOD once again the Guard hung me out to dry and didn't even bother to inform me about INCAP pay.

After 8 months out of work I returned to duty and went onto to another combat deployment. 9 years after the initial injury my spine had degraded to the point of not being able to work, and as it turned out needing a third major spinal surgery. Once again the Guard tried to hang me out to dry, this time by starting to process me for a discharge without an LOD or any service connection. This time I starting fighting back and in the process stumbled across INCAP. I finally got an LOD written, actually three to date, since the first and second versions were so messed up they denied me care.

More than a year after requesting military medical treatment, I finally got my third spinal surgery, and in the meantime had been going through the IDES process. That was a nightmare in and of itself, but with the help of this forum and those who had gone before me, I was able to be fairly rated, and received 60% DOD and 80% VA with Combat Related V-Codes that "should" allow me to draw CRSC (Combat Related Special Compensation).

I have been Medically Retired from the Guard for all of 10 days, and am still working out the CRSC and Voc-Rehab. But helping others on this forum is a privilege and my chance to pay back those who helped me. There's a LOT to the process, but there's plenty of fine people and a wealth of knowledge on this forum to help you through.

The two experts that have helped me immensely are the forum's founder Jason Perry and Mike Parker. For legal questions they are the Gold standard IMHO.

Hope this helps... You are not alone
 

Theone

Registered Member
#26
I have a question I am in a similar situation as you are you getting Reserve Base pay or active duty base pay for your disability retired ? If you don't mind me asking approximate how much do you get? thank you
 

FloridaInjuredInCombat

PEB Forum Veteran
Registered Member
#27
I have a question I am in a similar situation as you are you getting Reserve Base pay or active duty base pay for your disability retired ? If you don't mind me asking approximate how much do you get? thank you
The way it works is you have to be medically retired, meaning that the military (separate from the VA) rates your Unfitting Conditions at 30% or higher, if not you will be medically separated and get a one time lump sum check, with no military benefits afterwards, but your VA rating and benefits are separate and continue.

OK, so you're medically retired from the reserves. Your total reserve points acquired are divided by 360, and that is used in place of the YEARS IN SERVICE for the calculation of what your military retirement pay will be.

At that point, at least in my case, I am paid the majority of my funds from the VA side, and the military covers down what they owe, MINUS what's already been paid by the VA. If your disability are Combat Related, meaning directly from combat, or an instrument of war, or hazardous duty such as Airborne jumps, but NOT just because you were deployed, then you can apply for CRSC Combat Related Special Compensation, and that is some extra on top of the other funds, paid by the military.

There's a useful calculation on the DFAS website, here's the link...
http://www.dfas.mil/militarymembers/woundedwarrior/disabledretireest.html

You can enter the calculated TIS and ratings applicable to you. Keep in mind that the ratings are NOT just one added to the other, the way the VA works it, if you are 50% disabled for one rating, your next rating is calculated as if you are ONLY 50% of a fit human, and so on, the law of diminishing returns VA style.

Here's the link to calculate multiple ratings...
http://www.vvaarizona.org/combined_disability.php

Good luck, hope this helps...
 
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